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. 2017. 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. 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. These persons are seeking to migrate to improve their lives and the socio-economic status of their families. Human trafficking and slavery are against the law. The UK Modern Slavery Act Research project employs a crowdsourcing approach to reviewing and assessing the statements housed on the BHRRC platform, recognising the value of having a fully transparent platform, but also the enormous amount of time and resources it would take to conduct this analysis. 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. 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. Milligan, L 2018, ‘Domestic workers inside Canberra embassies kept in conditions likened to ‘slavery’’. 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. 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. Senate Standing Committee on Education and Employment 2016. 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. 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. The threshold is lower than the AU$100 million proposed by the national legislation. 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. Doherty, B. Department of Immigration and Border Protection 2016. See https://wikirate.org/Ashurst_LLP?filter%5Bmetric_value%5D=all&filter%5Bproject%5D=UK+Modern+Slavery+Act+Research for more details. Berkovic, N 2015, ‘Indian cook wins $200,000, kept as slave at Sydney restaurant’. queensland 6:48pm Apr 10, 2019 Firearm parts destined for bikies seized This in turn increases their vulnerability and makes prevention and identification of abuse more difficult. Human Trafficking is different to People Smuggling: 1. Ensure the Modern Slavery Act includes provisions that subjects the Australian government to the same reporting requirements as private businesses. Once it has received Royal Assent, the bill will amend the Fair Work Act 2009 to impose stricter penalties on fraudulent employers and to extend the powers of the Fair Work Ombudsman to investigate and gather evidence of potential workplace breaches.71 While the Act was supported by unions and NGOs, it was regarded as falling short of adding additional protections for workers and whistle blowers, which would further incentivise the reporting of workplace violations.72 The new provisions target growing concerns in the Australian community about the exploitation of vulnerable workers, particularly migrant workers and workers in the franchise sector.73 In October 2016, the Australian government established a cross-agency “Migrant Workers’ Taskforce” as part of the government’s commitment to tackle the exploitation of vulnerable migrant workers.74, In most Australian states and territories, domestic workers, including migrant domestic workers, are covered by the Fair Work Act. Current sex trafficking statistics reveal that human traffickers are jubilant over a new useful victim-tracking tool: online social platforms. 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. This will contribute to an environment where slavery, slavery-like practices, human trafficking, debt bondage and exploitation in many industries can flourish. [26 February 2018]. Clarke, T 2018, ‘Long-winded Carabooda trial abandoned after eight months’. 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. 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. Ensure exploited workers in diplomatic households have safe and supported means to escape by establishing mandatory orientation sessions and subsequent health and welfare checks as a means to monitor the working conditions of those domestic workers. 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. Simmons, F & Burn, J 2013. 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. The number of people trafficked into Australia is unknown. Human traffickingis the physical movement of people across and within borders through deceptive means, force or coercion. 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. 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 can occur within a country or trans-nationally. However, much remains to be done to address root causes, engage community and empower victims in their quest for social justice. 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 …  ACC, Organised Crime in Australia 2011 (2011) 92; Anti-People Trafficking Interdepartmental Committee, Trafficking in Persons: The Australian Government’s Response 1 July 2011–30 June 2012 (2012) 3. [9, http://www5.austlii.edu.au/au/journals/MelbULawRw/2013/5.html, http://parlinfo.aph.gov.au/parlInfo/download/committees/reportjnt/024102/toc_pdf/HiddeninPlainSight.pdf;fileType=application%2Fpdf, https://www.parliament.nsw.gov.au/bill/files/3488/Passed%20by%20both%20Houses.pdf, https://www.commerce.wa.gov.au/labour-relations/ministerial-review-state-industrial-relations-system, http://www.legislation.gov.uk/ukpga/2015/30/contents/enacted, https://www.modernslaveryregistry.org/explore?countries%5B%5D=1473&company_name=&legislation_UK+Modern+Slavery+Act=yes, https://www.judcom.nsw.gov.au/publications/benchbks/sentencing/fines.html, Argentina, Brazil, China, India, Malaysia, Thailand, Vietnam, China, Ghana, Indonesia, Japan, Russia, South Korea, Taiwan, Thailand. Human trafficking not only involves sex and labor, but people are also trafficked for organ harvesting. The key priority areas included ethical recruitment, transparency in supply chains, incentives, and safeguard and redress mechanisms. This removes a critical barrier in providing support for victims of forced marriage.63, In February 2017, the Joint Standing Committee on Foreign Affairs, Defence and Trade was officially asked to conduct an inquiry into establishing a Modern Slavery Act in Australia comparable to the United Kingdom’s Modern Slavery Act 2015.64 In August 2017, the government announced they will introduce legislation that will require large businesses to report annually on their actions taken to address modern slavery.65 The government is also considering providing a free, publicly accessible central repository where all modern slavery statements would be listed, and establishing an office for an Independent Anti-Slavery Commissioner, similar to that of the United Kingdom. Through a suite of reforms in 2013, the Australian government expanded these offences to include non-sexual forms of exploitation and created a standalone offence for forced labour, forced marriage, and organ trafficking. 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. National Children’s and Youth Law Centre 2013. Labour exploitation in the Australian construction industry: risks and protections for temporary migrant workers. E Pearson, ‘Australia’ in, Collateral Damage: The Impact of Anti-Trafficking Measures on Human Rights around the World (2007) 28, 29. It is estimated the reporting requirement would therefore concern about 2,000 organisations. 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. Department of Economic Development, Jobs, Transport and Resources, 2017. 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. horticulture, meat processing and cleaning industries), similar to the schemes in Queensland, Victoria, and South Australia. 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. 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. See https://wikirate.org/Westpac_Banking_Group?filter%5Bmetric_value%5D=all&filter%5Bproject%5D=UK+Modern+Slavery+Act+Research for more details. The Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999(Cth) created the offences of slavery, sexual servitude and deceptive recruiting but failed to define trafficking in persons. Permanently unlink support pathways for forced marriage victims from mandatory engagement with law enforcement. Establish a national Independent Anti-Slavery Commissioner as part of the proposed Modern Slavery Act. 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. This was calculated using the labour force figure for “total employed persons” (11,933,4000) in June 2016, provided by the Australian Bureau of Statistics, Available from: ‘Carabooda raids: Numerous charges after WA operation targets organised crime’ 2014.. Offer, K 2014, ‘Ten WA men charged over raids on Carabooda market garden compound’. [16, http://www.aic.gov.au/media_library/publications/rpp/108/rpp108.pdf, http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Education_and_Employment/temporary_work_visa/~/media/Committees/eet_ctte/temporary_work_visa/report/report.pdf, https://static1.squarespace.com/static/593f6d9fe4fcb5c458624206/t/5a11ff31ec212df525ad231d/1511128887089/Wage+theft+in+Australia+Report_final_web.pdf, https://www.border.gov.au/about/reports-publications/research-statistics/statistics/year-at-a-glance/2015-16, http://www.ausstats.abs.gov.au/ausstats/meisubs.nsf/0/702ADCA7FC70AE7BCA257FEF007D96B4/$File/62020_jun%202016.pdf, https://www.perthnow.com.au/news/wa/perth-nursery-ordered-to-pay-back-nearly-30000-to-overseas-workers-for-unlawful-rent-deductions-ng-d849b0de4fe0e852dd3e530dd8ae0e57, https://www.perthnow.com.au/news/wa/ten-wa-men-charged-over-raids-on-carabooda-market-garden-compound-ng-be801d1af8c99e08fc8447cfba48deb7, http://www.aph.gov.au/DocumentStore.ashx?id=1e53a4bd-20e3-45c1-99b5-d3ef0e818f3e&subId=463418, https://endslavery.salvos.org.au/wp-content/uploads/2017/03/Sub-199.pdf, https://www.girlsnotbrides.org/resource-centre/end-child-marriage-australia-research-report-forced-marriage-children-australia/, https://www.theaustralian.com.au/news/nation/forced-marriage-law-rarely-used/news-story/83fff660d12c43a8b4b4d9e6bc00841d, http://aic.gov.au/media_library/publications/rr/002/rr002.pdf, http://aic.gov.au/media_library/publications/rr/002/rr002.pdf. 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. 2017. See https://wikirate.org/Telstra_Corporation_Limited?filter%5Bmetric_value%5D=all&filter%5Bproject%5D=UK+Modern+Slavery+Act+Research for more details. 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. 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. By making corporate responsibility data accessible, comparable and free for all, the organisation aims to provide society with the tools it needs to encourage companies to respond to social and environmental challenges. Until then, slaveholders and human traffickers will continue to operate with impunity. Trafficking-related legislation was first introduced in Australia in 1999 through amendments to the Criminal Code Act 1995. 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. 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. 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. Globally, there are two general categories of human trafficking: sex trafficking and labor trafficking. 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. 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. 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. The National Human Trafficking Hotline maintains one of the most extensive data sets on the issue of human trafficking in the United States. The Protocol to Prevent, Suppress and Punish Trafficking in Persons defines human trafficking or trafficking in persons: 1. Human trafficking is notoriously underreported. See for example: Issara Institute and International Justice Mission 2016. Australia’s whole-of-community response to human trafficking and slavery over the coming five years, and includes measures to quantify the impact and effectiveness of our collective efforts. 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. 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