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 Department’s Trafficking in Persons Report lists
Australia as:
– a destination for women from Southeast Asia, South Korea, and
the People’s 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 Government’s Action
Plan to Eradicate Trafficking in Persons states the number is
less than 100.
• Australia’s 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
3
MEANS
For theEND
purposes of
Force
OR
Fraud
OR
Coercion
OR Deception
OR
Abuse of a position
of vulnerability
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)
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Achievements
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
2004
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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
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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
• Joan’s 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
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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)
Ning’s 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
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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
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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