Promoting a Human Rights Response to Slavery and Trafficking in Australia
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Sex trafficking in Australia 07 March 2008

When this story broke, Jennifer Burn (Director of the Anti-Slavery Project) was approached by the ABC to make a comment.  Her texts are available as follows:

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Outback truckies trade in child sex, drugs March 13

It is important to realise that the movement or transfer of children through abuse of a position of vulnerability or fraud or deception for the purposes of exploitation is trafficking. In a bid to stop girls as young as eight years of age from being paid for sex, Aboriginal elders in Boggabilla and Moree convinced young women with first hand experience in the truck stop trade to speak to Lateline.

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Vienna Forum Mentioned in Australian Senate

On Wednesday, 12 March 2008, Liberal Senator ELLISON (Western Australia) moved
That the Senate—
(a) notes that at the first ever global forum to fight the crime of human trafficking, the Vienna Forum to Fight Human Trafficking was held from 13 February to 15 February 2008 and convened by the United Nations (UN) Global Initiative to Fight Human Trafficking, an initiative launched by UN Office on Drugs and Crime and several UN partners in 2007; and
(b) urges the new Government to continue the initiatives of the previous Government to combat human trafficking:
(i) by ensuring that Australian agencies are properly funded in the upcoming budget to fight human trafficking and continues to be a world leader in this important area,
(ii) developing initiatives with regional partners to address this important issue, and
(iii) requiring the new Government to report to the Senate on the measures it will take to ensure that Australia is at the forefront of combating human trafficking.

Samaritan Accommodation

This is a program within Samaritan House which provides accommodation and support to homeless women.

 


Key Ethical Guidelines on Human Rights and Trafficking

Ethical Guidelines on Human Rights and Trafficking  

There are currently no Australia-specific guidelines for working with trafficked persons, so our behaviour in this area is advised by those published by the United Nations. Two key documents (from the World Health Organisation and the UN High Commission for Human Rights) follow, and others are listed in the Resources section of this site. 

Consultation among Australian professional organisations will produce documentation designed for Australian individuals and organisations who work with trafficked persons. Comments on this subject are welcome at antislavery@uts.edu.au

Ethical and Safety Recommendations for Interviewing Trafficked Women (2003)

These recommendations are part of a series of ethical and safety recommendations on violence against women of the Gender and Women’s Health Department of  the World Health Organization (WHO).

WHO is grateful to the London School of Hygiene & Tropical Medicine and the Daphne Programme of the European Commission for their valuable role in the preparation of this document. The views expressed in this report do not necessarily reflect those of the World Health Organization, London School of Hygiene & Tropical Medicine or the Daphne Programme of the European Commission.

The WHO Ethical and Safety Recommendations for Interviewing Trafficked
Women were written by Cathy Zimmerman and Charlotte Watts of the Health
Policy Unit, London School of Hygiene & Tropical Medicine.

The text of the Ten Guiding Principles to the Ethical and Safe Conduct of Interviews with Women who have been Trafficked are available in pdf here

Recommended Principles and Guidelines on Human Rights and Human Trafficking

This is the Report presented on 20 May 2002 by the United Nations High Commissioner for Human Rights to the Economic and Social Council of the United Nations for the UN Substantive Session July 2002 in New York.

The text of 17 Recommended Principles on Human Rights and Human Trafficking, and 11 Recommended Guidelines on Human Rights and Human Trafficking are available in pdf here


Australian Trafficking Visas:
15 recommendations to better protect victims of human trafficking*

Trafficking visa framework
1: That DIAC publish guidelines in the Procedures Advice Manual about the identification of trafficking victims and the operation of the visa trafficking framework.

2: That the period of visa validity of the Bridging Visa F visa be extended from 30 days to 3 months.

3:  That the trafficked person has the opportunity of obtaining independent legal advice relating to their immigration status before a Criminal Justice Visa is issued.

4: That the Witness Protection (Temporary) visa be granted early in the investigation and prosecution process, rather than at the end of the criminal justice process.

5: That the Migration Regulations be amended to facilitate the reunion of the trafficked person and their dependent children, wherever residing (if any) at the time of consideration and granting of the Witness Protection (Trafficking) (Temporary) Visa. 

6: That the Migration Regulations be amended to permit the trafficked person to include applications from members of their family unit, whether they are in or outside  Australia, at the time that the Witness Protection (Trafficking) (Temporary) Visa is granted or at any time during the currency of the visa.

7: That the Witness Protection (Trafficking) Visa framework be restructured to remove criteria requiring that the Attorney-General and the Minister for Immigration make decisions in respect of the grant of the visa and that a less onerous and more appropriate delegation be instituted.   

Better systems to identify people who have been trafficked
8: That training about trafficking be mandatory for all DIAC officers.

Expansion of screening mechanisms to include screening for protection claims when a person is identified as trafficked
9:   That DIAC expand guidelines on identification of trafficking victims to include examples of situations where protection needs arise out of trafficking experiences and to develop guidelines to assist decision-makers identify victims of trafficking in all screening and assessment documents.

10: That all trafficked people be assessed in relation to a claim for a protection visa.

Removal of barriers to immigration application
11: That the Migration Regulations be amended so that where a person is assessed as being trafficked to Australia, they will be permitted to make a visa application (other than for a protection visa) if their last substantive visa was issued subject to a’ no further stay’ condition.

12: That the Migration Regulations be amended to permit an application for a substantive visa by a person who would otherwise be barred by the effect of Section 48 of the Migration Act, if the person is reasonably assessed as being trafficked to Australia.

Complementary Protection/Humanitarian Visa
13: That a new Complementary Protection/Humanitarian Visa be introduced for those people who have been trafficked and who are unable to participate in a criminal investigation or prosecution, where there are factors of a compassionate or compelling nature.

Requests to Minister for the benefit of personal discretion in the public interest
14: That the Ministerial Guidelines be amended to include guidance about the identification and protection of trafficked people.

Additional Recommendation Relating To Victim Support
15: That the victim of trafficking support program be available to all trafficked people who are participating in the criminal justice system, including those who hold a substantive visa.

Submitted by Jennifer Burn – Tuesday, March 18, 2008

arrow Download 15 Recommendations Details of Submission PDF


201 Years Since the Abolition of Slave Trade: is Australia Slavery-Free?
Media Release – Tuesday, March 25, 2008

amazing grace

25 March, 2008 - Sydney. Tuesday, 25 March, (“Freedom Day”) is the 201st Anniversary of the Abolition of the Transatlantic Slave Trade Act: the result of the 20-year struggle of British anti-slavery campaigner William Wilberforce. At that time, legalised buying and selling of human beings was a mainstay of many western economies across the globe. Today, there are more people being trafficked and enslaved than during the entire 350 years of legalised slavery when an estimated 27 million people worldwide were in forced labour, debt-bondage and servitude.

arrow Download full media release PDF


The Vienna Forum, 13-15 February 2008

The Vienna Forum, the first-ever global forum to fight human trafficking, was convened by the United Nations Global Initiative to Fight Human Trafficking (UN.GIFT), which was established in recognition of the fact that human trafficking takes many forms and that a co-ordinated and united approach is required.

This inaugural Forum in Vienna brought together 1,200 experts, legislators, law enforcement teams, business leaders, NGO representatives and trafficking victims from 116 countries. It explored the impact of human trafficking on the lives of individuals, their communities and on the economies of the origin and destination countries and so provided the platform for a new campaign of co-ordinated action to tackle the crime.

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On the eve of the Forum, in a rallying call to raise international awareness, the Executive Director of the United Nations Office on Drugs and Crime, Antonio Maria Costa, said that the crime is so widespread within the global economic system that we have all become complicit in it: “The blood, sweat and tears of trafficking victims are on the hands of consumers all over the world. This is a crime that shames us all.”

Details of the impressive agenda are available at www.ungift.org

The United Nations Global Initiative to Fight Human Trafficking (UN.GIFT) is an alliance of major UN agencies. UN.GIFT was conceived to join forces and coordinate the global fight on human trafficking, on the basis of the international agreement reached at the United Nations. It was launched in March 2007 by the United Nations Office on Drugs and Crime with a grant made on behalf of the United Arab Emirates. To date, over 110 countries have signed the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children. This supplements the Palermo Convention against trans-national organised crime. UN.GIFT provides a framework for, and action by, all stakeholders – governments, business, academia, civil society and the media – so that they can support each other, work in partnership, and create effective tools to fight human trafficking.


GAATW Report to Vienna Forum 12 Feb 2008

gaatw logo

The Statement of The Global Alliance against Trafficking in Women (GAATW) to the Vienna Forum was drawn from their published study, ‘Collateral Damage’. It focused on three main areas:

  1. Vulnerability, Prevention and Human Trafficking
  2. Impact of Trafficking
  3.  Action:
    On Protection of Trafficked Persons
    On Labour
    On Migration

arrow Download Media Release PDF


Council  of  Europe  (CoE) 12.2.08

The Council of Europe Campaign to Combat Trafficking in Human Beings was launched in 2006 and ended in February 2008. The goal of this campaign was for all countries to adopt the European Anti Trafficking Convention and provide the strongest possible international defense against trafficking.
For details of the "Human beings - not for sale!" campaign, see www.coe.int/t/dc/files/themes/human_trafficking/default_en.asp

Reports on Andorra, Latvia, the Netherlands, Ukraine

8 Feb 2008
CoE steps up ground breaking action for Human Rights Defenders
Member States express strong commitment to protect, promote, and respect human rights’ defenders and their activities.

  • The role of the Human Rights Commissioner is to be reinforced
  • Committee of Ministers has adopted a Declaration on CoE action to improve protection etc of human rights defenders
  • Such adoption also marks the 10th anniversary of UN Declaration on  Human Rights Defenders.  It is the work of an earlier group and an earlier Strasbourg 2006 Colloquy ‘Protecting and Supporting Human Rights Defenders in Europe’

1 Feb 2008
Entry into force of the groundbreaking CoE Convention on Action against Trafficking in Human Beings.
It is a significant achievement, a major step forward in fight against this modern form of slavery.

Jan 2008

  • France, Bosnia, Herzegovina, Norway and Malta all ratify CoE Convention against Trafficking in Human persons.
  • New treaty sets out measures to prevent trafficking and the prosecution of traffickers
  • And to give real protection to their victims while safeguarding their human rights
  • The convention now enters into force in ten CoE member states, with another four in May
  • The convention has been signed but not yet ratified by 24 other CoE member states
  • The Convention is not restricted to CoE member states.  Non member states and the  European Community also may become Party to the convention
  • ‘Modern Slavery’ art competition in Serbia for all elementary and high school students.  The12 pieces of work judged best were used on 2008 anti trafficking calendar, with the winner’s being issued as a stamp by Serbian Post.  Printed in Serbian and English, each page carried the slogans:-
    Stop Trafficking in Human Beings
    Stop Modern Slavery

National Compensation Fund

The Anti-Slavery Project has lobbied consistently for the development of a national victim compensation scheme for victims of federal crimes. The Sydney Morning Herald reported on 7 February, 2008, as follows:

Victims of federal offences and corporate collapses will be entitled to compensation and to make a statement to courts on the impact of the crime under laws to be introduced by the Rudd Government. The Home Affairs Minister, Bob Debus, told the Herald he planned to introduce a victims' charter of rights to give victims a greater role in the trial process.

The charter, which will be similar to the schemes in NSW and most other states, will assist victims of federal offences such as white-collar crimes, sex slavery, bribery and people smuggling.

"Victims do feel vindicated by the ability to make such a statement," Mr Debus said. "The victim is able to explain to the whole court and to the rest of world how they have felt. Without [that ability], there is the danger that people feel as if the court is just treating them completely impersonally. HIH victims, for instance, can be seen regularly complaining in the papers that they have not been acknowledged as they ought to have been."

Mr Debus said the charter would be introduced in the first session of Parliament but plans for a compensation fund would not begin until after the budget. The victim statements would be read out after the court's findings but would not be used in sentencing.


Human trafficking to Australia: a research challenge

Judy Putt

Abstract

Human trafficking is an issue that affects Australia. Yet despite the attention which trafficking has received at the national and international level since the UN General Assembly adopted the convention on transnational crime and its associate protocol on trafficking in persons, there are still no reliable data on the issues. While there have been several large-scale efforts to estimate and document human trafficking across the world, the estimates found in these reports vary over time and across regions, primarily because human trafficking is an extremely difficult activity to investigate. There are also differences in focus and in methodologies. As the evidence base is shaky and easy to challenge, it is important to consider how knowledge on this issue can be improved, in order to properly inform efforts to prevent and reduce trafficking. This paper summarises current evidence on trafficking to Australia and within the wider region, and highlights constraints that exist when endeavouring to interpret what this evidence tells us about the problem. It concludes with recommendations for further investment into research and monitoring

arrow Read the full article here


Law enforcement responses to trafficking in persons: challenges and emerging good practice

Fiona David

Abstract

In recent years, the Australian Government has committed significant resources to combating trafficking in persons. Within this larger anti-trafficking effort, the community sector, law enforcement, prosecutors, health professionals and members of the community all have an important role to play. As each sector comes to terms with the reality of trafficking in Australia, it is important that emerging challenges and possible solutions are identified. This paper focuses on the challenges that may confront law enforcement officials in any country in their efforts to detect trafficking, identify victims, investigate offences and contribute to the successful prosecution of offenders. Drawing on international experience, this paper identifies some examples of emerging good practice that can help to overcome these challenges, and contribute to the effectiveness of the larger criminal justice response to trafficking.

arrow Read the full article here


Summary of Judy Putt’s Paper
Human Trafficking to Australia: a Research Challenge

(by Mary Mooney of ASP - Ref. Australian Institute of Criminology)

The transnational dimensions of this criminal activity render its challenges very substantial on a global scale.  As an island with its remote geographical position, Australia enjoys much natural protection particularly when added to these advantages are extensive border protection mechanisms.  Even so, we need to be aware of any possible or actual trends.  These can both alert us and exert us into seeking adequate responses in preventing and detecting any trafficking on our shores.  The following is an overview of the inherent challenges in obtaining reliable information concerning this criminal activity.

arrow Download the full article here [144kb PDF]


2008

arrow Anti-Slavery Project –
Sydney Community Response Network Meetings
Held at the Law Building Quay Street Ultimo
Building 5B, Floor 3, Room 28

Email Eveline Crotty for more info and to RSVP.

25 February 2.00pm–4.00pm
28 April
23 June
25 August
27 October
8 December

arrow IN PROCESS
The writing of A National Consensus Policy Document

arrow INVITATION: THE INAUGURAL AUSTRALIAN TRAFFICKING FORUM
convened
by the Anti-Slavery Project
and the Sydney Community Response Network will
bring together representatives of NGOs, Unions, Religious, Academics, Sex Worker and other Community Organisations, along with Federal and State Government Agencies, to consult about anti-trafficking progress in Australia and to define future directions.

The Forum will be held at
the University of Technology Sydney, 9am–5pm on Thursday 24 July 2008

The morning of 25 July will provide the opportunity for NGOs working in the area of trafficking to discuss specific issues (e.g. future directions, strategies, development of strategic alliances).

To register interest, please contact antislavery@uts.edu.au

arrow ADVANCE NOTICE OF UPCOMING EVENT:
IN AUGUST 2008, Kevin Bales
(Emeritus Professor at Roehampton University, and Visiting Professor at the Wilberforce Institute for the Study of Slavery and Emancipation) and Zoe Trodd
(
a member of the Tutorial Board in History and Literature at Harvard University) will be in Sydney. They are both well-known authors, and now co-editors of To Plead Our Own Cause: Personal Stories by Today’s Slaves (to be published in June).
Details of their visit will be published her
e.


Anti-Slavery Project, University of Technology Sydney
Faculty of Law, PO Box 123, Broadway NSW 2007 AUSTRALIA
Phone: +61-2-9514 9662 Fax: +61-2-9514 9685