Australian Responses to Human Trafficking ACRATH February 2008 www.acrath.org.au

1. Australian Responses to Human TraffickingACRATHFebruary 2008www.acrath.org.au

2. Trafficking, slavery & forced migration • Indigenous people • Kanakas – Pacific Islanders • Modern day slavery

3. 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

4. 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

5. 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.

6. 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.

7. 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.

8. 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.

9. 1 2 3 MEANS END PROCESS Recruiting OR Harboring OR Moving OR Obtaining a person, Force OR Fraud OR Coercion OR Deception OR Abuse of a position of vulnerability For the purposes of Involuntary Servitude OR Debt Bondage OR Slavery OR Prostitution OR Removal of organs Three Elements of Trafficking

10. 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

11. 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

12. 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!

13. Australian Government Action PlanAnti-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

14. Trafficking Visas • New visa framework introduced in January 2004. Bridging Visa F (BVF) Criminal justice stay visa • Criminal Justice Stay Visa • Witness protection (trafficking) (temporary) • Witness protection (trafficking) (permanent)

15. 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

16. 2004 • 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

17. 2005 • Louise and Pauline meet • People disappearing from detention centres • Glebe meeting / ACLRI • Louise,Pauline,Tania, Margaret began regular meetings in Sydney of Religious Congregations Anti-Trafficking 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 +

18. 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

19. 2007 • 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

20. 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

21. 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 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 Partners