Foreword

Trafficking in persons, slavery and slavery-like practices is an egregious violation of an individual’s human rights. Trafficking and slavery victims are exploited physically, emotionally and mentally and the effects of this trauma can be long lasting and destructive.

Trafficking in persons, slavery and slavery-like practices are some of the fastest growing criminal activities in the world. The International Labour Organisation (ILO) estimates that between 2002 and 2011 there were over 20 million victims of forced labour globally. In 2009, the ILO also estimated that the annual global profits from trafficked forced labourers were around US$32 million. This equates to a profit of US$13,000 for each woman, man and child trafficked into forced labour.

The crimes of trafficking in persons, slavery and slavery-like practices place an additional economic burden on each country. Funding is provided for resources devoted to its prevention, the treatment and support of victims and the apprehension and prosecution of offenders.

Every country around the world is affected, including Australia. Since 2004 the Australian Federal Police have undertaken more than 375 investigations and assessments into allegations of trafficking in persons, slavery and slavery-like practices. 209 suspected victims of trafficking in persons and slavery were provided government support through the Support for Trafficked People Program, and there have now been 17 convictions for slavery, slavery-like and trafficking in persons offences.

The Committee acknowledges the steps taken by the Government to strengthen Australia’s criminal justice framework, establishing additional offences of forced marriage, forced labour, organ trafficking and harbouring a victim in the Criminal Code.

Australia has an opportunity to maximise its effectiveness by implementing a suite of mechanisms and tools to combat these crimes and increase support for its victims at the national and international level.

Nationally, Australia can take action to prevent these crimes, prosecute the offenders and support the victims. The Committee has therefore recommended that suspected victims of trafficking be provided an initial automatic reflection period of 45 days with two further extensions of 45 days if required; the Australian Government review the People Trafficking Visa Framework and the Support for Victims of People Trafficking Program; the Australian Government further investigate the establishment of a federal compensation scheme for victims of slavery and people trafficking; and review the current rates of compensation.

Internationally, Australia can increase its engagement with this issue in international fora and examine introducing anti-trafficking and anti-slavery mechanisms appropriate for the Australian context to bring awareness to forced labour in global supply chains. The Committee has recommended that the Australian Government continue to use international forums including the United Nations Human Rights Council’s Universal Periodic Review to combat people trafficking; undertake a review to establish anti-trafficking and anti-slavery mechanisms appropriate for the Australian context with the objective of improving transparency in supply chains, introducing a labelling and certification strategy for products and services that have been produced ethically, and increasing the prominence of fair trade in Australia.

In order to protect the more vulnerable members of our society which traffickers target for exploitation, particularly individuals on visas, the Committee recommends that the Department of Immigration and Citizenship develop a fact sheet to provide visa applicants appropriate information on their rights as part of the visa application process.

To prevent offenders from accessing sites containing trafficked children, the Committee recommends that the dynamic list of individual web pages with child sexual abuse content maintained by the UK’s Internet Watch Foundation be utilised to block access to these sites in Australia.

Lastly, the Committee calls for the Australian Government to negotiate re-funding of contracts for non-government organisations one year ahead of the contract’s conclusion.

The Committee would like to sincerely thank all of the Departments, law enforcement agencies, academics, NGOs, civil society organisations and concerned individuals for generously donating their time, effort and resources to make submissions and appear at public hearings. I would also like to thank my hard working colleagues on the Committee who are dedicated advocates for human rights both domestically and internationally.

Hon Laurie Ferguson MP
Chair

Membership of the Committee

Membership of the Human Rights Sub-Committee

Committee Secretariat

Terms of reference

The Human Rights Sub-Committee of the Joint Standing Committee on Foreign Affairs, Defence and Trade shall inquire into and report on slavery, slavery like conditions and people trafficking with a particular focus on:

n  Australia’s efforts to address people trafficking, including through prosecuting offenders and protecting and supporting victims;

n  ways to encourage effective international action to address all forms of slavery, slavery-like conditions and people trafficking; and

n  international best practice to address all forms of slavery, slavery-like conditions and people trafficking.

List of abbreviations

List of recommendations

3 Current extent of slavery and people trafficking in Australia

Recommendation 1

The Committee recommends that the Department of Immigration and Citizenship, in conjunction with the Interdepartmental Committee on Human Trafficking and Slavery and relevant non-government organisations, develop a fact sheet to provide visa applicants appropriate information on their rights as part of the visa application process. The information should be available in the visa applicant’s language.

4 Australia’s response to people trafficking

Recommendation 2

The Committee recommends that the Australian Government continue to use international mechanisms including, but not limited to, the United Nations Human Rights Council’s Universal Periodic Review to combat people trafficking.

Recommendation 3

The Committee recommends that the Australian Government negotiate re-funding of contracts for non-government organisations one year ahead of the current contracts’ conclusion.

5 Support for victims of trafficking and slavery

Recommendation 4

The Committee recommends that suspected victims of trafficking be provided an initial automatic reflection period of 45 days, with relevant agencies given the capability to grant two further extensions of 45 days if required. In addition, the suspected victims of trafficking should be provided appropriate support services through the Support for Trafficked People Program.

Recommendation 5

The Committee recommends that the Australian Government consider Recommendation 3 of the Senate Legal and Constitutional Affairs report on the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Bill 2012, having regard to the need to ensure that even if assistance does not lead to a conviction, it is still substantial in terms of giving assistance to authorities.

Recommendation 6

The Committee recommends that the Australian Government further investigate the establishment of a federal compensation scheme for proven victims of slavery and people trafficking. The compensation fund should be funded by persons convicted of these crimes. The Committee also recommends that the Australian Government review the current rates of compensation.

6 Exploitation in product supply chains

Recommendation 7

The Committee recommends that the Australian Government, in consultation with relevant stakeholders, undertake a review to establish anti-trafficking and anti-slavery mechanisms appropriate for the Australian context. The review should be conducted with a view to: