forced labour and human trafficking the criminalisation of labour trafficking
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Forced Labour and Human Trafficking: The Criminalisation of Labour Trafficking . Susan Kneebone Emeritus Associate Castan Centre 17 May 2013 . Human Trafficking . Incudes ‘labour trafficking’ A ‘bifurcated’ approach to human trafficking distorts the focus

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forced labour and human trafficking the criminalisation of labour trafficking

Forced Labour and Human Trafficking: The Criminalisation of Labour Trafficking

Susan Kneebone

Emeritus Associate Castan Centre

17 May 2013

human trafficking
Human Trafficking
  • Incudes ‘labour trafficking’
  • A ‘bifurcated’ approach to human trafficking distorts the focus
  • The exploitation covered by the Trafficking Protocol includes ‘labour trafficking’
  • Forced labour is an extreme example of exploitation
how did we get to this position
How did we get to this position?
  • Australia:
  • The early response to trafficking focused on prostitution and illegal migration
  • The legislation reflected that focus
  • The ‘457’ visa issue
  • International students
how does our problem with labour trafficking connect with the region
How does our problem with labour trafficking connect with the region?
  • It is connected
  • The region knew from the beginning that ‘human trafficking’ = people moving to work
  • Victims of labour trafficking are (mostly) migrant workers
  • It is a transnational issue (mostly)
  • [But we need to recognise internal trafficking]
so if this is a problem of human trafficking what are the consequences
So if this is a problem of human trafficking what are the consequences?
  • The anti- trafficking framework requires
    • Prevention
    • Protection and
    • Cooperation (Federal \ state and transnational)
much more needs to be done on prevention
Much more needs to be done on prevention
  • We need campaigns targeted at particular industries
  • Eg, construction, hospitality, plus international students
  • We need to bring in the unions and other labour abuse scrutineers
  • To recognise the human rights dimension …
lessons from early responses to human trafficking
Lessons from early responses to human trafficking
  • A focus on protection brings the victim into the picture
  • Without victims criminalisation is ineffective
is our legal framework adequate
Is our legal framework adequate?
  • No
  • The Criminal Code is too narrowly focused
  • It does not capture the whole essence of the trafficking process
  • Further it is not transnational in operation
  • The exploitation mostly begins at an overseas point
    • Issues with recruitment \ pre-departure training at source
    • Australia’s current efforts on anti-trafficking in the region
what about cooperation
What about cooperation
  • Australia could learn a lot from the region and take a leadership role
  • As distinct from a defensive stance
    • Issues with bilateral arrangements in the region
    • The need for a stronger focus on state responsibilities to migrant workers
we need to learn from our past mistakes
We need to learn from our past mistakes
  • And from our neighbours
  • THANK YOU!
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